G-W-L, Inc. v. Robichaux

643 S.W.2d 392 (1982)

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Nature of the Case

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Facts

Robichaux (P) contracted with G-W-L, Inc. (D) for the construction of a house. D completed the house, but the roof was sagging. P sued for breach of express and implied warranties. A promissory note signed by P in connection with the contract provided: This Note...constitutes the entire agreement between the parties hereto with reference to the erection of said improvements, there being no oral agreements, representations, conditions, warranties, express or implied, in addition to said written instruments.' The lower court held for P, finding that the implied warranty of fitness was not waived by P.